SUB : AN APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS
Dear Sir,
From 1972 after independent, Bangladesh Nationals started to establish Industries investing family resources ,using Innovative Technology as self earner to achieve Economic Freedom & to create jobs for millions of unemployed when almost everything was damaged due to Liberation War and These Entrepreneurs are commonly know as 1st ( first ) Generation Industrial Entrepreneur of Bangladesh
Government also started to help these fast growing PRIVATE SECTOR INDUSTRIES AS IMPORT SUBSITUTES and for EXPORT having fund from International Loan Giving Agencies which were distributed through different Banks from 1979
Unfortunately the Owners of these Industries became helpless victims of deep rooted conspiracy and Anti Propaganda. The Bank officials refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending non-cooperation harassment, negligence and fraudulent activities. And all these have been done willingly just to jeopardize the Government Industrial policy as well to terrorize the Owners of Industries of Private Sector finally to occupy the Mortgage Properties of the owner of the Industries under Private Sector.
Due to such activities Hundreds and Thousands of Industries were destroyed by Bank Officials and Policy Maker.
Over and above capitalizing the Illiteracy, Ignorance and Extreme Poverty of Bangladesh Citizens .Most of these laws were forced upon the Citizen including, Owner of the Industries of Private Sector in co-operation with their alliances who are busy to convert Bangladesh a Bottom less Basket Again
Due to such activities most of the Industries have became in-operatives and have lost their Cash Capitals, Expatriate Capabilities and became helpless victims of oppressive laws. Due to absence of minimum accountability from Banking Sector to the office of Land Survey Departments / Directorate.

In 1992 & 1996 Government of Bangladesh identified and registered many Industries as SICK INDUSTRIES declaring not as Defaulter of Bank Loan but victims of Violation of Contract , Negligence , Fraudulent or Malpractices of Bank Officials. And Policy Maker due to Lack of Accountability. And the matter of Lack of Accountability at every stage of Bangladesh is no more a hidden Matter.
THE HELPLESS OWNERS OF INDUSTRIES ARE LOOKING FOR JUSTICE, BUT THE DOOR OF JUSTICE ARE CLOSED Due to Enactment of a Law Know as ARTHA RIN ADALAT ACT ( Bank Loan Recovery Act ) on 1989 which were also amended on 2003 and 2007 . Bank Ruptcy Acts were also enacted on 1997 treating the Owners of Industries under Private Sector like as Slave of Colonial Period WHEN THE HANDS OF THE PRODUCER AND TECHNICIAN OF MOSLIN FABRICS ( which were only produced in Bengal of undivided INDIA) were cut down to stop production of Finest Fabrics by Bengali Technicians and Producer.

But surprisingly the ARTHA RIN ACT are not applicable for Nationalized or State Sector .where BILLIONS OF DOLLARS are spend till today without any accountability.
Out of Total of outstanding defaulted Bank Loans, about 60 to 70 % are lying with Nationalized / State Sector and less then 10 % are lying with Small and Medium sized Industries of Private Sector of Bangladesh. And Bank Official can explain well about the remaining of the Loan Amount.

THE LAW OF TORTS & LAW OF CONTRACT ARE MOST COMMON LAW , BUT APPLICATION OF THE SAME ARE RESTRICTED IN BANGLADESH .
Due to which BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION Forcing the process to increase Poverty line in Geometric Ration & also helping the process of Lawlessness and Human Trafficking .
The Owners of Industries of Private Sector can not claim any set - off or compensation on the same suit as filed by BANK OFFICIALS or THE LOAN GIVING AGENCIES for Loan Recovery under Artha.Rin Act . for VIOLATION OF CONTRACT , NEGLEGENCES , Malpractices of Bank officials / Policy Maker.
AS A RESULT NUMBER OF SICK / DISTRESSED INDUSTRIES are increasing in every year due to lack of accountability of Bank Officials and Policy Maker .
BANK OFFICALS / LOAN GIVING AGENCIES HAVE BEEN ALLOWED TOTAL INDEMNITY OF LAW for violation of contract , negligence, Fraudulent Activities , . These have been done to hide out existing high profile malpractices and corruptions as per opinion of Expert Personals.

The Owner of Industries of Private Sector have no Legal Right to protect themselves from the oppression of Bank Officials & Policy Maker and these are no more hidden matter ,rather a part of the on going conspiracy to make Bangladesh a Bottom Less Basket.
Although in neighboring countries Like INDIA where there is LAW FOR LOAN RECOVERY KNOWN AS “ DEBT RECOVERY TRIBUNALS ( DRT )” where the Owner of Industries or other borrowers are allowed to claim Set off or Compensation in same suit and same court at same time.
But in BANGLADESH Owner of Industries or Other Borrowers of Bank Money are completely deprived of any such opportunity rather provision have been to hide out corruption , negligence, fraudulent activities of Bank Officials as per opinion of Expert Personals giving TOTAL INDEMNITY OR LICIENCE FOR UNENDING CORRUPTION OR MAL PRACTICES & Violation of Contracts & negligence .,
And Owner of Industries or Borrowers of Bank loans are completely deprived of any type of JUSCTICE. Common people are also facing another type of repression UNDER CERTIFICATE CASE for realization of Government Taxes . small loan of farmers , weavers etc ,
Industrial Entrepreneurs can only file a separate suit for compensation in a separate Civil Court which will be a matter of life long litigation .with no result .
As per Artha Rin Act nothing can be raised against the Order or Decree of Artha Rin Court to Higher Court and also without Payment of 50 % of the suit value or Decretal Amount,
The door of appeal or revision are closed denying the Legal right of Owners of Industries. As per Sections 12, 12 ( kha) , 18(2) & (3) , 19, 20,21,33, 34,40,41,42,44, 47 and 50 of Artha Rin Act.
And these are contradiction/ conflicting with ARTICLE 8, 15, 26, AND 27 of BANGLADESH CONSTITUTION AND THE GOVERNMENT INDUSTRIAL POLICY AS ADOPTED TIME TO TIME .
There are no other alternative way , but to draw the attention of concern authority of Bangladesh including PATRIOT INTELLECTUAL PERSONS AND LEADER OF CIVIL SOCIETY AND INTERNATIONAL COMMUNITY TO VERYFY the above and help for restoring EQUAL RIGHT for JUSTICE . and to help to Protect the Owner of Industries including Workers and other supporting Staffs who are already in Distressed Condition due to lapses of Policy Maker an Bank Officials and of the Oppressive Laws .
And to help to restore the accountability in all organizations including BANKS & other Loan Giving Agencies for the greater Interest of Nations please Circulate our humble appeal among Honorable Members , Partners of your organizations or in your News Bulletins and in Printed or Electronic News Media for Transmission this appeal among all organizations working for HUMAN RIGHT , DEMOCRATIC RIGHT and to PREVENT LEGAL ABUSE and OPPRESSIVE LAWS and also to consider the followings :

1-. Humble Appeal before the Government of Bangladesh to allow Owners of Industries to claim SET OFF or COMPENSATIONS for Negligence , Violation of Contract , Fraudulent or Malice Activities in the same suit filed by Bank or loan giving agencies for recovery of Loan Money similar to DRT ( DEBT RECOVERY TRIBUNALS ) OF INDIA

2- Considering the heavy Loss / Damages of Government Registered & Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector may be allowed 100 % weaver closing all Pending Suits for recovery of Loan unconditionally .

3- The Existing System of Mortgage of Landed Properties .for getting Loan need to be completely abolished .to remove ever growing corruption , malpractices and fraudulent Activities which exist in Banking Sector and are much Proven Facts for the greater interest. of the Nation .
4- All pending Suits in Atrha Rin Court may kindly be transferred to Civil Commercial Court abolishing Sections 12, 12( kha) , 18(2) & 18(3), 19,20,21,33, 34,40,41,42,44,47 and 50 of Artha Rin Acts including Sections 28 ( Kha) of Banking Company Act Creating Democratic Opportunities similar to DEBT RECOVERY TRIBUNAL S ( DRT ) of INDIA for the end of JUSTICE ..
5- And to take immediate steps to abolish the system of CERTIFICASE CASE which are nothing but abuse of LAW and worst one like that of COLONIAL RULE .

Suffering Groups of Owners of Industries of Bangladesh.